(1)
Applicability.
(a)
This chapter applies to the following land disturbing construction
activities except as provided under Sub. (b):
1.
A construction site, which has 4,000 square feet or greater
of land disturbing construction activity.
2.
A construction site, which has 100 cubic yards or greater of
excavation volume, filling volume, or some combination of excavation
and filling volume.
3.
A construction site, which has 50 linear feet or greater of
land disturbance to a highway, street, driveway, swale, ditch, waters
of the state, wetland, protective area, or other non-agricultural
drainage facility which conveys concentrated flow. Wetlands shall
be delineated in accordance with S. NR 103.08(1m).
(b)
This chapter does not apply to the following:
1.
A construction project that is exempted by federal statutes
or regulations from the requirement to have a national pollutant discharge
elimination system permit issued under Chapter 40, Code of Federal
Regulations, Part 122, for land disturbing construction activity.
2.
Nonpoint Discharges from Agricultural Activity Areas.
3.
Nonpoint Discharges from silviculture activities.
4.
Roadway milling operations.
(c)
Notwithstanding the applicability requirements in Paragraph
(a), this chapter applies to construction sites of any size that,
in the opinion of the Director, are likely to result in runoff that
exceeds the safe capacity of the existing drainage facilities or receiving
body of water, that causes undue channel erosion, that increases water
pollution by scouring or the transportation of particulate matter
or that endangers property or public safety.
(2)
Jurisdiction. This chapter applies to land disturbing construction
activity on construction sites located within the boundaries and jurisdiction
of the Village.
(3)
Exclusions. This chapter is not applicable to activities conducted
by a state agency, as defined under Wis. Stats. § 227.01(1),
but also including the office of district attorney, which is subject
to the state plan promulgated or a memorandum of understanding entered
into under Wis. Stats. § 281.33(2).
(1)
Design Criteria, Standards, and Specifications. All BMPs required
to comply with this chapter shall meet the design criteria, standards
and specifications based on any of the following:
(a)
Design guidance and technical standards identified or developed
by the Wisconsin Department of Natural Resources under Subchapter
V of Chapter NR 151, Wis. Adm. Code.
(b)
Technical standards and other guidance identified within the
Village Stormwater Reference Guide.[1]
[1]
Editor's Note: The Stormwater Reference Guide is included as an attachment to this chapter.
(c)
For this chapter, average annual basis is calculated using the
appropriate annual rainfall or runoff factor, also referred to as
the R factor, or an equivalent design storm using a Type II distribution,
with consideration given to the geographic location of the site and
the period of disturbance.
(2)
Other Standards. Other technical standards not identified or developed
in Sub. (1), may be used provided that the methods have been approved
by the Director.
(1)
Responsible Party. The responsible party shall implement an-erosion and sediment control plan developed in accordance with Section 10.09 that incorporates the requirements of this section.
(2)
Plan. A written erosion and sediment control plan shall be developed in accordance with Section 10.09 and implemented for each construction site.
(3)
Requirements. The erosion and sediment control plan required shall
meet the following minimum requirements to the maximum extent practicable:
(a)
BMPs shall be designed, installed and maintained to control
total suspended solids carried in runoff from the construction site
as follows.
1.
For construction sites with one acre or greater of land disturbing
construction activity, BMPs that, by design, discharge no more than
5 tons per acre per year, or to the maximum extent practicable, of
the sediment load carried in runoff from initial grading to final
stabilization. No person shall be required to exceed sediment reduction
to meet the requirements of this paragraph. Erosion and sediment control
BMPs may be used alone or in combination to meet the requirements
of this paragraph. Credit toward meeting the sediment reduction shall
be given for limiting the duration or area, or both, of land disturbing
construction activity, or other appropriate mechanism.
2.
For construction sites with less than one acre of land disturbing
construction activity, reduce the total suspended solids load using
BMPs from the Village Stormwater Reference Guide. These sites are
not required to satisfy a numeric performance standard.
(b)
Notwithstanding Par. (a), if BMPs cannot be designed and implemented
to reduce the sediment load, on an average annual basis, the plan
shall include a written and site-specific explanation as to why the
reduction goal is not attainable and the sediment load shall be reduced
to the maximum extent practicable.
(c)
Where appropriate, the plan shall include sediment controls
to do all of the following to the maximum extent practicable:
1.
The deposition of soil from being tracked onto streets by vehicles.
2.
The discharge of sediment from disturbed areas into on-site
storm water inlets.
3.
The discharge of sediment from disturbed areas into adjacent
waters of the state.
4.
The discharge of sediment from drainage ways that flow off the
site.
5.
The discharge of sediment by dewatering activities.
6.
The discharge of sediment eroding from soil stockpiles existing
for more than 7 days.
7.
The discharge of sediment from erosive flows at outlets and
in downstream channels.
8.
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subdivision.
9.
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
(d)
The erosion and sediment control plan shall incorporate all
the following:
1.
Maintenance of existing vegetation, especially adjacent to surface
waters whenever possible.
2.
Minimization of soil compaction and preservation of topsoil.
3.
Minimization of land disturbing construction activity on slopes
of 20% or more.
4.
Development of spill prevention and response procedures.
(4)
Location. The BMPs used to comply with this section shall be located
prior to runoff entering waters of the state.
(5)
Alternate Requirements. The Director may establish requirements more
stringent than those set forth in this section if the Director determines
that an added level of protection is needed for sensitive resources.
(1)
Permit Required. No responsible party may commence a land disturbing
construction activity subject to this chapter without receiving prior
approval of an erosion and sediment control plan for the site and
a permit from the Director.
(2)
Permit Application and Fees. At least one responsible party desiring to undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Section 10.09 and shall pay an application fee to the Director. By submitting an application, the applicant is authorizing the Director to enter the site to obtain information required for the review of the erosion and sediment control plan. Fees shall be set from time to time by resolution by the Board.
(3)
Review and Approval of Permit Application. The Director shall review
any permit application that is submitted with an erosion and sediment
control plan and the required fee. The following approval procedure
shall be used:
(a)
Within 10 business days of the receipt of a complete permit
application, as required by Sub. (2), the Director shall inform the
applicant whether the application and plan are approved or disapproved
based on the requirements of this chapter.
(b)
If the permit application and plan are approved, the Director
shall issue the permit.
(c)
If the permit application or plan is disapproved, the Director
shall state in writing the reasons for disapproval.
(d)
The Director may request additional information from the applicant.
If additional information is submitted, the Director shall have 10
business days from the date the additional information is received
to inform the applicant that the plan is either approved or disapproved.
(e)
Failure by the Director to inform the permit applicant of a
decision within 10 business days of a required submittal shall be
deemed to mean approval of the submittal and the applicant may proceed
as if a permit had been issued.
(f)
Any decision of the Director may be appealed by written request
by the applicant to the Village Board of Appeals pursuant to Section
18.24(3). Said written notice of appeal must be filed with the Board
of Appeals within 30 days of the Director's decision or be barred.
(4)
Financial Guarantee. As a condition of approval and issuance of the
permit, the Director may require the applicant to deposit a surety
bond, cash escrow, or irrevocable letter of credit to guarantee a
good faith execution of the approved erosion control plan and any
permit conditions.
(5)
Permit Requirements. All permits shall require the responsible party
to:
(a)
Notify the Director within 48 hours of commencing any land disturbing
construction activity.
(b)
Obtain permission in writing from the Director prior to any modification pursuant to Section 10.09(3) of the erosion and sediment control plan.
(c)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(d)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(e)
Immediately repair any siltation or erosion damage to adjoining
surfaces and drainage ways resulting from land disturbing construction
activities and document repairs in weekly inspection reports.
(f)
Conduct construction site inspections at least once per week
and within 24 hours after a precipitation event of a half inch or
greater. Repair or replace erosion and sediment control BMPs as necessary
within 24 hours of an inspection or notification that repair or replacement
is needed. Maintain, at the construction site, weekly written reports
of all inspections. Weekly inspection reports shall include all of
the following: date, time and location of the construction site inspection;
the name of individual who performed the inspection; an assessment
of the condition of erosion and sediment controls; a description of
any erosion and sediment control BMP implementation and maintenance
performed; and a description of the present phase of land disturbing
construction activity at the construction site.
(g)
Allow the Director to enter the site for the purpose of inspecting
compliance with the erosion and sediment control plan or for performing
any work necessary to bring the site into compliance with the control
plan. Keep a copy of the erosion and sediment control plan, stormwater
management plan, amendments, weekly inspection reports, and permit
at the construction site until permit coverage is terminated.
(h)
The permit applicant shall post the "Certificate of Permit Coverage"
in a conspicuous location at the construction site.
(6)
Permit Conditions. Permits issued under this section may include conditions established by Director in addition to the requirements set forth in Sub. (5), where needed to assure compliance with the performance standards in Section 10.07.
(7)
Permit Duration. Permits issued under this section shall be valid
for a period of 180 days, or the length of the building permit or
other construction authorizations, whichever is longer, from the date
of issuance. The Director may extend the period one or more times
for up to an additional 180 days. The Director may require additional
BMPs as a condition of the extension if they are necessary to meet
the requirements of this chapter.
(8)
Maintenance. The responsible party throughout the duration of the
construction activities shall maintain all BMPs necessary to meet
the requirements of this chapter until the site has undergone final
stabilization.
(1)
Plan Requirements. The erosion and sediment control plan required under Section 10.07(2) shall comply with the Village Stormwater Reference Guide and contain at a minimum the following information:
(a)
Name, address, and telephone number of the landowner and responsible
parties.
(b)
A legal description of the property proposed to be developed.
(c)
A site map with property lines, disturbed limits, and drainage
patterns.
(d)
Total area of the site and total area of the construction site
that is expected to be disturbed by construction activities.
(e)
Performance standards applicable to site.
(f)
Proposed best management practices.
1.
The deposition of soil from being tracked onto streets by vehicles.
2.
The discharge of sediment from disturbed areas into on-site
storm water inlets.
3.
The discharge of sediment from disturbed areas into adjacent
waters of the state.
4.
The discharge of sediment from drainage ways that flow off the
site.
5.
The discharge of sediment by dewatering activities.
6.
The discharge of sediment eroding from soil stockpiles existing
for more than 7 days.
7.
The discharge of sediment from erosive flows at outlets and
in downstream channels.
8.
The transport by runoff into waters of the state of chemicals,
cement, and other building compounds and materials on the construction
site during the construction period. However, projects that require
the placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this subdivision.
9.
The transport by runoff into waters of the state of untreated
wash water from vehicle and wheel washing.
(2)
Erosion and Sediment Control Plan Statement. For each construction site identified under Section 10.05(1)(c), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the Director. The control plan statement shall briefly describe the site, including a site map. Further, it shall also include the best management practices that will be used to meet the requirements of the chapter, including the site development schedule.
(3)
Amendments. The applicant shall amend the plan if any of the following
occur:
(a)
There is a change in design, construction, operation or maintenance
at the site which has the reasonable potential for the discharge of
pollutants to waters of the state and which has not otherwise been
addressed in the plan.
(b)
The actions required by the plan fail to reduce the impacts
of pollutants carried by construction site runoff.
(c)
The Director notifies the applicant of changes needed in the
plan.
If land disturbing construction activities are being carried
out without a permit required by this chapter, the Director may enter
the land pursuant to the provisions of Wis. Stats. § 66.0119(1),
(2), and (3).
